PLEASE KEEP IN MIND THE ARTICLE 6 OF 1973 CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN WHILE READING ABOUT THE COLLABORATORS AND ABETTORS IN 12 OCT 1999 MILITARY MUTINY

As per 1973 Constitution of Islamic Republic of Pakistan

PART I

6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

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An accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense.

As per two leading National Newspapers of Pakistan:

In his petition, the senator, on whose petition the Supreme Court had earlier validated the Oct 12, 1999, military coup by Gen Musharraf, also challenged a provision in Section 3 of the High Treason (Punishment) Act, 1973, which required the federal government to move a reference for any proceedings under high treason and said this provision was against Article 6 of the Constitution, which does not demand such condition. The petition also asked whether former army chief (Gen Musharraf) did not commit breach of his constitutional oath through his Oct 12, 1999, military coup in disregard of the Constitution and, if faith and allegiance to Pakistan means upholding the Constitution which embodies the will of the people, does it not amount to treason. SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://archives.dawn.com/archives/35301

The armed forces, the petition alleged, were not only ridiculed but insulted by exploiting them only for personal gains. They were made to climb the wall of the prime minister’s house on Oct 12 and used to maintain Gen Musharraf in his extra-constitutional usurpation of power, the petition alleged. To relinquish the office of Chief Executive in accordance with the Supreme Court’s May 12, 2000 judgment, means that Gen Musharraf should have surrendered the command of the armed forces to the then Prime Minister, Mir Zafraullah Khan Jamali, after holding the general elections, but by not doing so, Gen Musharraf disobeyed and violated the order of the apex court, the petition contended. SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://archives.dawn.com/archives/35301

Sayed Zafar Ali Shah submitted that General (R) Pervez Musharraf used force against the elected prime minister, overturned the entire political and democratic system, he acted against the integrity and security of the country and was liable to be punished under Article 6 of the constitution of 1973 read with Section 2 of the High Treason (Punishment) Act, 1973. SC moved for Musharraf’s trial under Article 6 By Sohail Khan dated Sunday, August 23, 2009 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=24034&Cat=13&dt=8/23/2009

A BLAST FROM THE PAST: PAKISTANI JUDICIARY SUPPORTED 12 OCT 1999 MUTINY OF PAKISTAN ARMY

“Historic”, we are being told — and told without end — is what the judgment of their Supreme Court lordships is. General (r) Pervez Musharraf’s Nov 3, 2007, action has been declared “unconstitutional” and “civil society” is ecstatic, some of our wilder drumbeaters assuring us that the doors on military interventionism have been closed forever. Ah, if wishes were horses.

The Supreme Court judgment not so much revises history as cuts it up, wrapping it in neat packages. For it declares only one action of Musharraf’s unconstitutional — his Nov 3 Emergency, which came at the fag end of his rule. The inescapable conclusion we are left with is that everything else the man did fell within the ambit of the Constitution. Now what was Musharraf’s original sin from which flowed everything else? Why, his coup d’état of Oct 12, 1999, when his generals overthrew an elected government, disbanded the National Assembly, put the Constitution into cold storage and imprisoned not only the then prime minister but his closest colleagues and even members of his family. Just as Adam ate the apple he wasn’t supposed to touch and as a consequences was expelled from Paradise, the apple which Musharraf plucked and put into his mouth was on the fateful evening of Oct 12, all those years ago, when he was in the air on a flight from Sri Lanka, while his generals — chief among them Usmani, Aziz and Mahmood — went about the removal of the elected government. That was the mother of all sins. So how strange and dripping with irony this omission: about that seminal event, which set in train all the sorrows the nation was to reap thereafter, their lordships in their “historic” judgment have nothing to say.

For this of course we must understand the problems of the past. For in 2000, a few months after the mother of all sins, when this matter came before the then Supreme Court headed by Chief Justice Irshad Hasan Khan, the nation witnessed another of those electrifying performances which have made “the doctrine of necessity” so famous in our land, the Supreme Court validating Musharraf’s coup and, what’s more, allowing him a grace period of three years to hold elections. In its generosity, it also gave Musharraf the authority to amend the Constitution for purposes of holding elections. So just as the Anwarul Haq Supreme Court gave a clean chit to General Ziaul Haq’s coup of 1977, another Supreme Court signed a papal bull conferring legitimacy on another illegitimate offspring of our political adventures. Now for an inconvenient fact. On the bench headed by Chief Justice Irshad Hasan Khan there sat an up-and-coming jurist, stern of eye and distinguished of look, by the name of Iftikhar Muhammad Chaudhry. Yes, he was among the illustrious upholders of the law and the Constitution who bathed Musharraf and his generals in holy water. REFERENCE: Writing of history or triumph of amnesia? Islamabad diary by Ayaz Amir Dated Friday, August 07, 2009 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=191800&Cat=9&dt=8/7/2009

Public memory anywhere is short-lived. In Pakistan it is also steered by the shortsightedness of those who insist on erasing it from the record altogether. The transition to democracy is hardly a fait accompli as we speak. Democratic institutions weakened by Gen Musharraf’s tinkering with the constitution are far from being stable entities today. While anyone in their right mind must blame the general for the mess at hand, the judiciary should also show the moral courage to shoulder its part of the blame. The fact that it was the Supreme Court headed by the same honourable chief justice which gave Gen Musharraf the right to amend the constitution single-handedly in May 2000 cannot be overlooked. This was far more than what the then chief executive had expected to get from the apex court; he had just sought indemnity for the circumstances under which the Oct 12, 1999 coup took place. The general himself did not stage the coup from mid-air, aboard a PIA commercial flight which was not even in Pakistani airspace when the 111 Brigade struck to depose the prime minister. Reference: Why Musharraf alone? By Murtaza Razvi Thursday, 30 Jul, 2009 08:27 AM PST http://archives.dawn.com/archives/25831

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RECENT HISTORY OF THE CONNIVANCE OF PAKISTANI JUDICIARY I.E. THE UNHOLY ALLIANCE OF JUDICIARY AND MILITARY JUNTA FROM 1999 - 2007

Pakistan Tehrik-i-Insaaf chief Imran Khan has hailed the SC verdict on the Oct 12 change and said that it will provide the present government with an element of legitimacy. Mr Khan said the government should start the implementation of the seven-point agenda. He said it should give priority to the accountability process. It should declare casting of vote mandatory for every voter and undertake other needed electoral reforms to discourage the election of corrupt elements for parliamentary slots. He said the government should also set a limit for election expenditure.

In a Press statement issued on Friday, he said after the announcement of the SC verdict the government would no longer be able to give lame excuses to the people who were waiting for positive results. He said the government should have got a vote of public confidence directly through a referendum soon after the takeover. But now the regime should fulfil its promises without any delay and work in accordance with public expectations as it has been provided a period of three years for this purpose by the Supreme Court of Pakistan. Reference: PML accepts SC verdict: Shujaat Reporter13 May 2000 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/may13.html#pmla

On PCO Judiciary I will just quote Daily Newspapers. One of the wonders of Internet is this that the History can no more be kept hidden.

1 – Five judges elevated to SC Bureau Report [Daily Dawn Feb 2000]

ISLAMABAD, Feb 2: The government elevated five judges to the Supreme Court on Wednesday. According to a notification, the president has appointed Justice Rashid Aziz, Chief Justice, Lahore High Court; Justice Nazim Hussain Siddiqui, Chief Justice Sindh High Court; Justice Iftikhar Mohammad Chaudhry, Chief Justice, Balochistan High Court; Qazi Farooq, former chief justice of Peshawar High Court; and Justice Rana Bhagwan Das, judge, Sindh High Court, judges of the Supreme Court. After the elevation of Justice Rashid Aziz Khan to the SC, Justice Mohammad Allah Nawaz has been appointed Chief Justice of Lahore High Court. Justice Deedar Hussain Shah has been appointed Chief Justice of Sindh High Court and Justice Javed Iqbal Chief Justice of Balochistan High Court. After these appointments, the number of SC judges has risen to 12, leaving five posts vacant. Reference: Five judges elevated to SC Bureau Report http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five

2 – Chaudhry Iftikhar named new CJ [Daily Dawn 2005]

By Our Staff Reporter

ISLAMABAD, May 7: President Pervez Musharraf on Saturday appointed Justice Iftikhar Mohammad Chaudhry, the senior most judge of the Supreme Court, as the next chief justice. He will assume the office on June 30 after retirement of the incumbent Chief Justice, Justice Nazim Hussain Siddiqui, on June 29. “The notification has ended speculations of appointment of a junior judge as chief justice in violation of the seniority principle settled under the 1996 Judges case,” commented a senior Supreme Court lawyer on condition of anonymity.

Justice Chaudhry will reach the superannuation age of 65 years in 2012, which will make him one of the longest serving chief justices in the judicial history of Pakistan. He will serve as chief justice for over seven years. Earlier Justice A. R. Cornelius and Justice Mohammad Haleem served as chief justice for eight years from 1960 to 68 and 1981 to 89, respectively. Justice Chaudhry was elevated as a judge of the apex court on February 4, 2000. He has performed as acting chief justice from January 17 to 29, 2005. He holds the degree of LLB and started practice as an advocate in 1974. Later he was enrolled as an advocate of high court in 1976 and as an advocate of Supreme Court in 1985.

In 1989, Justice Chaudhry was appointed as advocate-general of Balochistan and elevated to the post of additional judge in the Balochistan High Court in 1990. He also served as banking judge, judge of Special Court for Speedy Trials and Customs Appellate Courts as well as company judge. He served as the chief justice of the Balochistan High Court from April 22, 1999 to February 4, 2000. He was elected the president of the High Court Bar Association, Quetta, and twice a member of the Bar Council. He was appointed as the chairman of the Balochistan Local Council Election Authority in 1992 and for a second term in 1998.

Justice Chaudhry also worked as the chairman of the Provincial Review Board for Balochistan and was appointed twice as the chairman of the Pakistan Red Crescent Society, Balochistan. Presently he is functioning as the chairman of the Enrolment Committee of the Pakistan Bar Council and Supreme Court Buildings Committee. Reference: Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426 http://archives.dawn.com/2005/05/08/top4.htm

One will be amazed to know that General Musharraf wasn't physically involved [he was in the air riding airplane with then Brigadier Nadeem Taj who is now Lt General Nadeem Taj]in Occupying his own country and people but following characters were thoroughly involved in 12 Oct 1999 Military Mutiny against the Elected Government of 160 Million Pakistanis:

General [Now Retd] Aziz Khan.

General [Now Retd and in Deviant i.e. Gumrah Tableeghi Jamat] Mahmud Ahmed who later sold Pakistan to the USA when he was ISI Chief during 2001 when he literally pissed in his pants when Richard Armitage tharshed him. He used to torture Nawaz Sharif physically with the help of General Ali Jan Orakzi when after 12 Oct 1999 Nawaz was detained in Attock Fort. But Mahmood couldn't sustain American Threat which he supposed to resist being an ISI Chief.

General [Now Retd] Rafiullah Khan. [Former Director General of IB under General Musharraf]

And last but least MMA [Jamat-e-Islami and JUI] who LEGALIZED General Musharraf's MARTIAL LAW, HIS UNIFROM AND EVERY ILLEGAL STEP HE TOOK, through LFO i.e 17 Constitutional amendment and obviously MQM also cooperated in that.

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General [Retd] Parvez Musharraf didn't take over the Government on 12 Oct 1999. Correct and Recheck your facts again. Court Proceedings says something entirely different version which is quite oppostie to Popular Version. By the way The Demented Pervert Head Honcho of Ex Servicemen Society Lt General Retd. Hamid Gul appreciated 12 Oct 1999 Martial Law against Nawaz Sharif and guess what that is recorded by BBC. Generals [now Retd] Mahmood, Aziz Khan, Tauqir Zia, Ali Jan Orakzai, Rafiullah, and Jamshed Gulzar Kiyani were the physically involved in 12 Oct 1999 Coup.

Pakistan's military ruler General Musharraf did not plan last October's coup in advance, according to evidence given at the trial of ousted Prime Minister Nawaz Sharif.

Brigadier Nadeem Taj, a private secretary to General Musharraf, was giving evidence for the prosecution about events on 12 October, when a plane carrying General Musharraf was alleged to have been prevented from landing in the country.

Mr Sharif's brother, Shahbaz, and five others, are being tried on charges of hijacking, attempted murder and terrorism.

"It is not true that the coup was prearranged [Brigadier Nadeem Taj]"

Brigadier Taj said that at no time was General Musharraf aware that he had been sacked by Mr Sharif, or of the army's move to take control in response.

"It is not true that the coup was prearranged," he said.

He said he only became aware of it when the army took over the control tower at Karachi airport and contacted General Musharraf through air traffic control.

'Confusion'

Describing events on board the plane, Brigadier Taj said that when they were told by the pilot that he had been refused permission to land at Karachi airport, General Musharraf told them to keep the news from the other passengers in order to avoid creating panic.

They had discussed with the pilot the possibility of landing in Ahmedabad in neighbouring India.

However, that was rejected by General Musharraf on safety grounds.

"The pilot was in a state of confusion. The situation was getting grim, tense and disappointing by the minute," said Brigadier Taj.

He also denied that General Musharraf was in control of the plane.

"It is also not true that after 7 pm [local time] I and the chief of the army staff were controlling the plane and not allowing the pilot to land," he said.

The brigadier was the only witness to testify on Friday.

So far, more than 15 witnesses have given evidence since the trial began more than two weeks ago. Many of them have described the ousted prime minister as the main player in the events of 12 October.

It took Pakistan's military only 17 hours to carry out a devastating military coup.

But it could have unravelled in less than an hour as the man at the centre of the overthrow sat in a plane circling above Karachi, battling to land before the plane ran out of fuel.

But Prime Minister Nawaz Sharif's failure to stop General Pervez Musharraf from uniting the army showed how well prepared the military had been to defend their high command and take on the civilian government.

Conspiracy in Islamabad

Events began on Tuesday when General Musharraf, on an official visit to Sri Lanka, received intelligence that tension between the prime minister and himself had finally reached a head. Mr Sharif and intelligence chief General Ziauddin, secretly meeting in Islamabad, were to move against him that very day.

The sacking would be presented as a "retirement" and General Ziauddin would step into the most powerful job in the Pakistani military.

Acting immediately, General Musharraf dashed for the Karachi-bound Pakistan International Airlines PK805 flight from Colombo, leaving at 1545 local time.

Back in Islamabad, chief of the general staff Lieutenant-General Mohammed Aziz, and head of the 10th Corps Lieutenant-General Mahmood Ahmed, began plans to mobilise troops stationed in nearby Rawalpindi.

Sharif makes his move.

Nawaz Sharif formally appointed General Ziauddin at his official residence at 1540 that afternoon.

But it is believed that it was at this stage they realised that events may not be going to plan.

The English-language The News newspaper reports that within 30 minutes General Ziauddin had failed to find a single senior officer prepared to accept his command.

Suspecting that General Aziz and Ahmed had already set events in train, Mr Sharif and General Ziauddin realised that they had to prevent General Musharraf from returning. They had less than 200 minutes to stop the plane landing.

General Ziauddin reportedly told the prime minister that he could take control of the army if the flight was prevented from reaching Karachi.

Mr Sharif agreed to the high-stakes plan and at about 1600, his staff officially announced General Musharraf's retirement.

It was all the excuse the army high command needed and an hour later troops from 111 Brigade of the 10th Corps were on their way to Islamabad.

Counter attack

The next 90 minutes changed the future of Pakistan. As troops poured onto the streets of the capital, the 111 Brigade stormed the state television station in Islamabad, watched by international correspondents who had gathered outside.

Inside, officers were heard shouting "take it off! take it off!" and minutes later Pakistani families saw the television picture cut as the signal was shut down.

In an interview with the BBC, Mr Sharif's son Hasan, a student in London, told what his relatives had recounted to him.

"My father was about to leave to address the nation," he said. "At that moment he was placed under house arrest.

"The generals and commanders asked for his resignation and that he should take back all the orders to sack the army chief of staff.

"Obviously, he rejected both the idea of resignation and taking back his orders."

Faced with the prime minister's refusal to accept the coup, the officers reportedly escorted him from the building and placed him in a guest house near to the airport.

One report also suggests that troops in the Sharif home town of Lahore prevented other members of his family fleeing to Kuwait.

Soldiers fanned out across the nation, taking control of administrative buildings in every province and placing Sharif loyalists and the cabinet under house arrest.

But one man was still needed to complete the coup, and he was still in the air.

Stand-off over Karachi.

General Musharraf approached Karachi airport at about 1830.

But as the army were busy cutting telephone lines, air traffic control refused the plane, holding some 200 passengers, permission to land.

According to the charges now laid against Nawaz Sharif, air traffic controllers ordered the flight to Nawabshah in the Sindh province where, it is believed, the prime minister had despatched his own jet and security team to take the general into custody.

Smelling a rat, Musharraf apparently ordered the pilot to ignore the order and continue to circle Karachi, despite the fact that fuel was now running low.

The general is said to have personally spoken with air traffic controllers, demanding the right to land, saying that they did not have enough fuel to go elsewhere.

The controllers initially refused but as soldiers surrounded the control tower they thought again and General Musharraf finally reached home soil more than hour late at 1947. Gen Musharraf has since said that the plane had only seven minutes of fuel remaining.

After the general whisked though the airport, officers across the nation reported in a hastily prepared operational command conference that the coup was virtually complete.

They controled the TV stations, administrative buildings, the power and communications infrastructure - and had the entire cabinet under guard.

Musharraf addresses the nation

At 2215 the army restored television broadcasts.

Fifteen minutes later, a terse announcement ran across the bottom of the screen stating that Prime Minister Nawaz Sharif had been dismissed.

The continuity announcer later added that General Pervez Musharraf, who had spent a tense 200 minutes in the air, would address the nation.

As his prerecorded statement was broadcast for the first time at 0250 Wednesday morning, the Sharif era appeared to come to a close.